Another Supreme Court justice withdrew Friday from hearing an appeal of a $76 million case involving coal giant Massey Energy Co., weeks after the chief justice recused himself after chummy vacation photos surfaced of him and the company’s leader.
Massey had repeatedly sought Supreme Court Justice Larry Starcher’s removal. Starcher, a longtime critic of the company, had made comments critical about the CEO’s multimillion-dollar campaign to help Justice Brent Benjamin get elected in 2004, and Massey lawyers argued he was biased.
It was the latest twist in a case that grabbed national headlines after vacation snapshots emerged showing Chief Justice Elliott “Spike” Maynard and Massey chairman and chief executive Don Blankenship in Monaco. Critics argued that he shouldn’t be involved in the case because of the apparent friendship, and he recused himself last month.
Among other remarks, Starcher has called Blankenship a “clown” and said, “Massey has not been good corporate citizen.” Starcher said Friday “a reasonable appearance of impropriety” exists, but defended his right “to speak out on matters affecting the administration of justice.”
In resigning from the case, Starcher called on Benjamin to leave, too. Benjamin has twice rebuffed requests that he disqualify himself.
The panel decided on a 3-2 majority in November that a multimillion-dollar judgment against Richmond, Va.-based Massey should be overturned. It had been won by another company, Harman Mining, and its president, Hugh Caperton, in a contract dispute. With interest, the damages are worth $76.3 million, and Massey is appealing the judgment.
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